SAJ-2021-02730 (SP-KAB)

TO WHOM IT MAY CONCERN:  The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:  Taylor County Board of County Commissioners

                        Attn: Victor Blanco

                        201 East Green Street

                        Perry, Florida  32347

                        victorblancomar@ufl.edu

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Gulf of Mexico.  The project is located in Federal waters of the Gulf of Mexico, southwest of Taylor County, Florida. 

Directions to the site are as follows:  The proposed artificial reef project, to be called AC Taylor County Reef, is in the Gulf of Mexico, southwest of Taylor County, with the center of the site being located approximately 53 nautical miles southwest of the Aucilla River and approximately 54 nautical miles southwest of the Steinhatchee River.

APPROXIMATE CENTRAL COORDINATES: 

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PROJECT PURPOSE:

Basic:  Marine habitat enhancement.

Overall:  Construct a new artificial reef site, to be known as AC Taylor County Reef, with deployment of approved materials to enhance the marine habitat in the offshore waters of the Gulf of Mexico, southwest of Taylor County, Florida

EXISTING CONDITIONS:  The proposed artificial reef is a new reef site.  A benthic survey of the site has not yet been conducted.      

PROPOSED WORK:  The applicant seeks a 10-year authorization to construct an offshore artificial reef to be known as AC Taylor County Reef.  The proposed artificial reef site is a square site, 1/4 nautical mile by 1/4 nautical mile on each side encompassing 49.55 acres of seafloor.  Reef materials would be deployed in 140’ wide rows across the site, with 40’ wide gaps between rows. There would be a 50’ buffer zone area inside the overall site borders on all sides where no materials would be deployed to ensure all reef materials are deployed within the permitted site. 

DEPTH, PROFILE AND CLEARANCE:  The depth at the proposed site is 70’ relative to mean low low water.  The maximum profile of any reef material would be approximately 25’ and a minimum depth after deployment would be 45’ at mean low low water.

CULTURAL RESOURCES:  The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth Sawfish (Pristis pectinata), and the Gulf Sturgeon (Acipenser oxyrinchus desotoi) or its designated critical habitat.  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined, based on the use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013), that the proposed project may affect, but is not likely to adversely affect the West Indian manatee with the inclusion of conditions a, b, c, d, and e of the Standard Manatee Conditions for In-water Work (2011).

ESSENTIAL FISH HABITAT (EFH):  This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.  The proposal would impact approximately 49.55 acres of bottom utilized by various life stages of shrimp, reef fish, stone crab and coastal migratory pelagic species in the Gulf of Mexico.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico.  Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

NOTE:  This public notice is being issued based on information furnished by the applicant.  This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program.  The jurisdictional line has been verified by Corps personnel.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City Beach, Florida 32407 within 21 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands.  This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Mrs. Kelly Bunting, in writing at  Panama City Permits Section, 415 Richard Jackson Blvd, Suite 411 Panama City, Florida 32407; by electronic mail at Kelly.A.Bunting@usace.army.mil; or, by telephone at (850) 763-0717, extension 2. 

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.  Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.   

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.  In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board.  In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.